[HISTORY: Adopted by the Town Board of the Town of Geneva 7-9-2002
by L.L. No. 2-2002. (This local law was adopted as Ch. 166, but was renumbered
to fit into the organizational scheme of the Code.) Amendments noted where
applicable.]

The purpose of this chapter is to promote the health, safety, morals
and general welfare of the citizens of the Town of Geneva, New York and to
establish reasonable and uniform regulations regarding the location and concentration
of sexually oriented businesses within the Town of Geneva, New York. It is
not the intent of this chapter to impose a limitation or restriction on the
content of any communicative materials, including sexually oriented materials.
It is not the intent of this chapter to impose any restriction by any adult
to access of sexually oriented materials protected by the First Amendment
of the United States Constitution or Article 6 of the New York State Constitution
nor to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market; neither is it the intent nor the effect
of this chapter to condone or legitimize the distribution or dissemination
of obscene materials.

The Town Board has established a citizens committee to
study the effects of the establishment of an adult use or adult entertainment
business within the Town of Geneva and provided said committee with resources
to study the nature of business within the Business Zones and the Industrial
Zone in the town of Geneva and to make recommendations to the Town Board relating
to the effect of establishment of adult use or adult entertainment business
in said business districts.

Based upon the official report of said citizens committee,
a copy of which is filed with the Town Clerk, and findings of various legislative
bodies in upstate New York, the Town Board finds as follows:

The Town of Geneva is primarily a rural residential community
with a limited area for the operation of businesses. The population at the
last census is approximately 3,260. There are approximately 12,361 acres in
the Town of Geneva with 65% of the land being agricultural, 25% residential,
3% business and 7% industrial.

The establishment of an adult use or adult entertainment
business should only be permitted by the issuance of a special use permit
and located only where other businesses are permitted and should not be granted
a special use permit to operate in a location that currently or previously
permits the operation of a business by reason of a preexisting nonconforming
use, a use variance or a special use permit, nor should a special use permit
for an adult use or adult entertainment business be issued for a home occupation.

The current business zones are small in size, with the
B1 Zone and B2 Zones being only 352 acres. Both current business zones border
on residential zones and contain preexisting nonconforming residential uses.
The detrimental impact of an adult use on these business zones would be magnified
because of the small size of the business zones.

By reason that the Industrial Zone is greater in size
with a low-density impact, permitting the establishment of an adult use in
the Industrial Zone would have less negative impact on the existing uses within
that zone than if permitted in the business zones.

The regulation of adult use establishments, as hereinafter
defined, is found to be necessary in light of the operational characteristics
of such uses which, without the enactment and enforcement of appropriate regulations,
would have documented adverse, detrimental and harmful impacts and effects
within the Town of Geneva, and particularly on residential neighborhoods and
community business areas. Such impacts and effects include but are not limited
to decreased property values; creation of traffic and/or parking problems
due to the attraction of transients; potential increases in criminal activities;
loss of business by non-adult-use commercial establishments in the vicinity,
and deterioration within residential and business neighborhoods creating a
general deterioration of quality of life within the Town of Geneva.

Any place to which the public is permitted or invited or in which
coin-operated or slug-operated or electronically, electrically or mechanically
controlled still or motion-picture machines, projectors, or other image-producing
devices are maintained to show images to an individual or individuals, and
where the image is so displayed, distinguished or characterized by the depicting
or describing of specified sexual activities or specified anatomical areas.

A commercial establishment having a substantial or significant portion
of its stock-in-trade, including but not limited to books, magazines, periodicals,
visual representations or writings, photographs, videotapes, computer-generated
images, devices or substances intended to be used for sexual stimulation or
material, distinguished or characterized by emphasis on matter depicting,
describing or related to specified anatomical areas or to specified sexual
activities or an establishment with a segment or section devoted to the sale
or display of such materials or which is used for the dissemination of such
material for consideration by way of broadcast by radio, television telephone,
internet or computer-generated images or by means of other electronic-powered
devices. A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of materials depicting
or describing specified sexual activities or specified anatomical areas and
still be defined as an adult retail store hereunder. Such other business purposes
will not serve to exempt such commercial establishment from being characterized
as an adult retail store so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified materials
which depict or describe specified sexual activities or specified anatomical
areas.

Files, motion pictures, videocassettes, slides, computer-generated images
or other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical areas.

Offers accommodations to the public for any form of consideration, provides
patrons with closed-circuit television transmissions, films, or motion pictures,
videocassettes, slides or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas;

A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar graphic reproductions
are displayed, which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas.

A theater, concert hall, auditorium or similar commercial establishment
which regularly features persons who appear in a state of nudity or live performances
which are characterized by the depiction or description of specified sexual
activities or exposure of specified anatomical areas.

The exposing, placing, posting, exhibiting or, in any other fashion,
displaying in any location, whether public or private, material or a performance
in such manner that it may be readily seen and its contents or character distinguished
by normal unaided vision viewing it from a public place or vehicle.

A person who, for consideration, agrees or offers to act as a companion,
guide or date for any person or who agrees or offers to privately model lingerie
or privately perform a striptease for another person.

Any place where a person who appears in a state of nudity or who
displays specified anatomical areas is provided to be observed, sketched,
drawn, painted, sculptured, photographed or similarly depicted by other persons
who pay money or any form of consideration. It is not intended to include
in this definition a model studio operated by an accredited school, college
or university if the same is operated as part of the regular art curriculum
of said school, college or university.

Uncovered or less than opaquely covered post-pubertal human genitals
or pubic area, the post-pubertal human female breast below the point immediately
above the areola or the covered human male genitals in a discernibly turgid
state. For the purpose of this definition, a female breast is considered uncovered
if the nipple only or the nipple and the areola only are covered.

Advertising or propagandizing in connection with the sale of material,
the offering of a service or the presentation or exhibition of a performance
by appealing to the prurient interest of potential customers.

Any of the streets, alleys, parks, boulevards, school or other public
property in the Town of Geneva or any dance hall, rental hall, theater, amusement
park, liquor establishment or depot, place of public accommodation or other
private property generally frequented by the public for the purpose of education,
recreation, amusement entertainment, sport, shopping or travel, or any vehicle
for public transportation, owned or operated by government, either directly
or through a public corporation or authority or owned of operated by any nongovernmental
agency for the use, enjoyment or transportation of the general public.

Flagellation or torture by or upon a person who is nude or clad in
undergarments or in a sexually revealing or bizarre costume; or the condition
of such person being fettered, bound or otherwise physically restrained in
an apparent act of sexual stimulation or gratification.

The conduct described in Subsections A through C, inclusive is "sexual conduct" whether or not it is engaged in alone or between members of the same sex or between members of the opposite sex or between humans and animals or between humans and inanimate objects.

The facial expression, movements, utterances or other responses of
a human male or female, whether alone or with others, whether clothed or not,
who is in an apparent state of sexual stimulation or arousal or who experiences
the physical or sensual reactions of humans engaging in or witnessing sexual
conduct.

A sexually oriented business, as that term is defined herein, shall not be established except in accordance with the provisions of the Code of the Town of Geneva, NY and subject to the following conditions and criteria, which shall be in addition to and supplementary to those matters which the Planning Board is to consider in reviewing a site plan application under Chapter 123 of said Code, a subdivision application under Chapter 136 and which shall also be in addition to and supplementary to those matters which the Zoning Board of Appeals is to consider in reviewing a special use permit application under Chapter 165 of said Code.

Such use shall be permitted upon application for and final approval of a special use permit in conformance with this chapter and with § 165-72 of the Code of the Town of Geneva, NY and that the granting of the special use permit by the Zoning Board of Appeals shall require the following:

The sexually oriented business shall only be permitted
in the Industrial Zone and no special use permit for a sexually oriented business
shall be granted for establishment in any other zone in the Town notwithstanding
that a location may be currently operating a business pursuant to a duly granted
variance or a nonconforming preexisting use or otherwise.

For the purposes of this section, measurement of the distances specified above shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the property upon which the sexually oriented business is located to the nearest property line or boundary of an affected use, as listed in Subsection B(1) through (6) above, provided that for purposes of Subsection B(4) and (6) above, the distance shall be measured in a straight line, without regard to intervening structures or objects, between the closest exterior walls of the structures in which each such use is located or from the closest exterior wall of the structure in which such use is located and the boundary of the public use highway, as the case may be.

Sexually oriented businesses shall be conducted at all times in the
following manner; otherwise the business shall be deemed in violation of the
special use permit and shall be subject to the penalties provided:

It shall be conducted in such a manner that, regardless
of location or distance, no one who is passing by or who is at any point outside
of the enclosed building occupied by such a use shall be able to observe or
perceive any performance, conduct, image, printed matter, visual representation,
instrument, device or paraphernalia displaying, depicting or otherwise presenting
any specified anatomical area or specified sexual activity regulated hereunder,
including but not limited to any sign or advertisement or any window or other
opening permitting the view of the interior of the premises from the exterior
of the premises.

It shall not employ loudspeakers or sound equipment as
part of the adult use establishment in such a way as may be audible or discerned
by the public from public or semipublic areas or from contiguous private property.

It shall provide for the parking of vehicles on the site
only during the hours of operation and shall provide for a parking space for
each and every employee, in addition to those parking requirements specified
in the Code of the Town of Geneva, NY.

It shall display no more than a single building-mounted
sign and a single pylon sign in conformance with the Code of the Town of Geneva,
NY, that shall identify only the name of the establishment and shall contain
no graphic representation of any material depicting, describing or relating
to specified sexual activities or specified anatomical areas.

Final approval by the Zoning Board of Appeals of any special use permit
application for sexually oriented businesses shall only be made contingent
upon the applicant also satisfying all conditions and requirements of approval
by the Planning Board of any site plan application or subdivision approval
as provided for from time to time in the Town Code or the laws of the State
of New York for such a use and upon compliance with the building code of the
State of New York as enforced by the Code Enforcement Officer of the Town
of Geneva.

Prior to the commencement of any sexually oriented business,
or upon any transfer of ownership or control of such a business, the premises
on which such establishment is located must be inspected and found to be in
compliance with all laws, rules and regulations of or enforced by the New
York State Health Department, Fire Department, Code Enforcement Office, Fire
Marshal, and other code enforcement officials of the Town and county.

The New York State Health Department, Fire Department,
Code Enforcement Office, Fire Marshal and other code enforcement officials
shall complete their certification that the premises is in compliance, or
not in compliance, within 20 days of the inspection of the premises by such
officials. The certification shall be promptly presented to the Code Enforcement
Office and shall be a precondition to the issuance of any certificate of occupancy,
certificate of compliance or any other certificate evidencing conformance
with governmental laws, regulations, codes, rules or requirements.

An applicant, or permittee and/or licensee, shall permit
representatives of the Police Department, New York State Health Department,
Fire Department, Code Enforcement Office, or other Town or county departments
or agencies to inspect the premises of an adult use establishment for the
purpose of ensuring compliance with applicable laws, rules and regulations
at any time it is occupied or open for business.

While code enforcement officials shall have the right
to inspect the premises for the purpose of ensuring compliance with all applicable
laws, rules and regulations, the owner, agent or person in charge thereof
shall have the right to insist upon the procurement of a search warrant from
a court of competent jurisdiction in order to enable such inspection. The
officials charged with conducting the inspection pursuant to this chapter
shall be required to obtain a search warrant whenever an owner, agent or person
in charge refuses to permit a warrantless inspection of the premises after
having been advised that he or she has a constitutional right to refuse entry
of the officials without a search warrant.

Whenever it shall become necessary for the Code Enforcement Officer or any officer of the Town of Geneva shall determine that Chapter 53, Adult Uses, of the Geneva Code shall be required to be enforced, the costs incurred by said officer for consultation fees with engineers, attorneys, or other professionals or costs incurred in enforcement of compliance with this Code, including but not limited to the costs of meeting the requirements of Article 6 of the Environmental Conservation Law (SEQR), and it shall be charged to the applicant or owner of the real property and shall be reimbursed by the applicant or owner of the real property before a building permit may be issued or a certificate of occupancy may be issued, and upon failure by the applicant or property owner to make such reimbursement, then said reimbursement costs levied pursuant to this chapter are hereby made a lien on the premises, and if the same are not paid within 30 days after they shall be deemed payable, the same shall be certified to the County Treasurer's office, which shall place the same on the real property tax roll for that year, with interest, and penalties allowed by law, and be collected as other taxes are collected.

If any part or provisions of this chapter or the application thereof
to any person or circumstance be adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part
or provisions or application directly involved in the controversy in which
such judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this chapter or the application thereof to other
persons or circumstances, and the Town Board of the Town of Geneva hereby
declares that it would have passed this chapter or the remainder thereof had
such invalid application or invalid provision been apparent.

Any person, firm or corporation who or which shall violate the provisions of this chapter shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article III, General Penalty.

In addition to the penalties provided above, any violation
under this section shall be punishable by suspension of the right to conduct
or operate such adult use for a period not to exceed 30 days for each separate
and distinct violation.

In addition to the penalties provided above, the Code
Enforcement Office may also maintain an action or proceeding in the name of
the Town of Geneva in a court of competent jurisdiction to compel compliance
with or to restrain by injunction any violation of this chapter.